DA's office: Train investigation has been 'thorough'

Joseph Basco

Published 3:06 pm, Monday, January 7, 2013

Photo: JAMES DURBIN

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The NTSB conducted a Sight Distance Test Tuesday to gather information for the investigation into the train accident that killed four veterans during a parade last Thursday in Midland. The Sight Distance Test recreated the events of the crash using a Union Pacific train and a similar truck and trailer as the one from the accident. James Durbin/Reporter-Telegram less

The NTSB conducted a Sight Distance Test Tuesday to gather information for the investigation into the train accident that killed four veterans during a parade last Thursday in Midland. The Sight Distance Test ... more

Photo: JAMES DURBIN

DA's office: Train investigation has been 'thorough'

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Details from a "thorough" investigation of the Nov. 15 train wreck that killed four veterans will be presented to a 12-person grand jury this week, according to Midland County Assistant District Attorney Eric Kalenak.

Kalenak could not share details from the MPD police report that will be presented to determine if there is probable cause to file an indictment against the driver involved.

Previously, the Midland Police Department did not file charges against Dale Hayden, the Smith Industries Inc. driver of the parade float that was struck by a Union Pacific train during Show of Support's annual Hunt for Heroes parade on Nov. 15.

Ross Bush, Midland County district clerk, said Judge Robin Darr will select the grand jury on Wednesday morning from a pool of 40 potential jurors who are "a diverse cross section of Midland County," which means they come from different backgrounds such as socioeconomic status and state of employment.

"The person must be of good moral standing," Bush said. "The judge will have a one-on-one interview and ask questions such as 'How long have you lived in Midland?"

With the national publicity the Nov. 15 train wreck has received, Bush said it will be hard to find jurors who don't know anything about the incident, but he added the district clerk's office will do the best of its ability to find a fair and impartial grand jury.

"It's an honor system in place," Kalenak said in regards to jurors who may have a predisposed bias and will thus make themselves unqualified.

Kalenak also said jurors who have been convicted of a crime or have special, or private, information on the incident are not qualified to be impaneled.

After interviewing the potential jurors, the judge will select 12 grand jury members and two alternates. Kalenak said at least nine members must be present at each session to have a quorum.

The grand jury will then go through this case privately until members reach an outcome.

Kalenak said there are several outcomes after the jury deliberates: a "true-bill," a "no-bill," or the jury asks for more information. A true-bill means there will be an indictment, a no-bill means there will not be one.

If a true-bill is reached, the person -- in this case, Hayden -- will be arraigned and the typical criminal trial process will begin. If a no-bill is reached, arrest warrants are dismissed and nothing else follows.

If the jury asks for more information, Kalenak said it is his job to fulfill the requests, which could range from subpoenaing a witness for the jury to interview to providing hospital records.

Kalenak said the grand jury has six months to make a decision, but a judge may grant them an extension if needed. Kalenak said he doubts this case will go past six months.

"Ninety-nine percent of the time the outcome is a true-bill," Bush said.